§ 1101. Motion to waive costs, fees, and expenses; affidavit or\naffirmation; certificate; notice; when motion not required. (a) Motion;\naffidavit or affirmation. Upon motion of any party, the court in which\nan action is triable, or to which an appeal has been or will be taken,\nmay waive the costs, fees, and expenses if such party has insufficient\nmeans to pay such costs, fees, and expenses. Where a motion to waive\ncosts, fees, and expenses is made in the court in which an appeal has\nbeen or will be taken, such court shall hear such motion on the merits\nand shall not remand such motion to the trial court for consideration.\nThe moving party shall file an affidavit or affirmation setting forth\nthe amount and sources of such party's income and assets and listing any\nreal property owned by such party with its value; that such party lacks\nsufficient means to pay the costs, fees, and expenses necessary to\nprosecute or defend the action or to maintain or respond to the appeal;\nthe nature of the action; sufficient facts so that the merit of the\ncontentions can be ascertained; and whether any other person is\nbeneficially interested in any recovery sought and, if so, whether every\nsuch person is unable to pay such costs, fees, and expenses. An\nexecutor, administrator, or other representative may move for a waiver\nof costs, fees, and expenses on behalf of a deceased, infant, or\nincompetent person.\n (b) Certificate. The court may require the moving party to file with\nthe affidavit a certificate of an attorney stating that the attorney has\nexamined the action and believes there is merit to the moving party's\ncontentions.\n (c) Notice. Except as provided in subdivisions (d) and (e) of this\nsection, if an action has already been commenced, notice of the motion\nshall be served on all parties, and notice shall also be given to the\ncounty attorney in the county in which the action is triable or the\ncorporation counsel if the action is triable in the city of New York.\n * (d) Waiver of fee in certain cases. Except as otherwise provided in\nsubdivision (f) of this section, if applicable, a plaintiff may seek to\ncommence his or her action without payment of the fee required by filing\nthe form affidavit, attesting that such plaintiff is unable to pay the\ncosts, fees and expenses necessary to prosecute or defend the action,\nwhich shall be available in the clerk's office along with the summons\nand complaint or summons with notice or third-party summons and\ncomplaint. The case will be given an index number, or, in courts other\nthan the supreme or county courts, any necessary filing number and the\napplication will be submitted to a judge of the court. If the court\napproves the application, the plaintiff will by written order be given\nnotice that all fees and costs relating to the filing and service shall\nbe waived. If the court denies the application the plaintiff will by\nwritten order be given notice that the case will be dismissed if the fee\nis not paid within one hundred twenty days of the date of the order.\n * NB Effective until September 1, 2027\n * (d) Waiver of fee in certain cases. A plaintiff may seek to commence\nhis or her action without payment of the fee required by filing the form\naffidavit, attesting that such plaintiff is unable to pay the costs,\nfees and expenses necessary to prosecute or defend the action, which\nshall be available in the clerk's office along with the summons and\ncomplaint or summons with notice or third-party summons and complaint.\nThe case will be given an index number, or, in courts other than the\nsupreme or county courts, any necessary filing number and the\napplication will be submitted to a judge of the court. If the court\napproves the application, the plaintiff will by written order be given\nnotice that all fees and costs relating to the filing and service shall\nbe waived. If the court denies the application the plaintiff will by\nwritten order be given noti
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